What changed between these versions
A substantive expansion of the bill's scope. v3 expands the types of illicit material covered to include 'intimate visual depictions of minors' in addition to child pornography and child obscenity. It also refines the definition of 'approved vendor' to explicitly require compliance with cybersecurity standards and adds 'Tribal' agencies to the definition of 'covered agency'.
Overview
A handful of significant changes concentrated in the definitions and scope of materials covered by the Act. · v3 expands the scope of the Act by including an additional category of illicit material and refines the requirements for approved vendors and covered agencies.
The most significant change in v3 is the expansion of the types of digital material covered by the limited liability provisions for approved vendors to include 'intimate visual depictions of minors,' alongside child pornography and child obscenity. This change is reflected in the bill's title, section titles, and throughout the operative text where the types of material are listed. Additionally, the definition of 'approved vendor' now explicitly requires compliance with cybersecurity standards, and 'Tribal' agencies have been added to the definition of 'covered agency'.
Major additions
This new definition clarifies the term 'cloud service provider' as an organization, corporation, or entity that offers digital storage services, including remote or cloud-based storage, and analytical and forensic tool processing support.
This addition provides a specific definition for the type of entity that can qualify as an 'approved vendor,' replacing a more general description in v2. It clarifies the scope of services these entities must provide.
This new definition introduces 'intimate visual depiction of a minor' as an intimate visual depiction, including a digital forgery, of an identifiable individual who is a minor, as defined in section 223(h) of the Communications Act of 1934.
This is a major expansion of the types of illicit material covered by the Act. It extends the limited liability protections and storage requirements to a broader category of child sexual abuse material, significantly widening the scope of law enforcement operations that can utilize approved vendors under this Act.
Deletions
The explicit definition of 'child obscenity' as having the meaning given in section 21101(2) of title 34, United States Code, was removed.
While the explicit definition within this section was removed, the term 'child obscenity' continues to be used throughout the bill. This deletion is likely a technical correction to avoid redundancy, as 'child obscenity' is already defined in the PROTECT Our Children Act of 2008 (34 U.S.C. 21101(2)), which this bill amends. It does not change the operative meaning of 'child obscenity' within the Act but relies on the existing statutory definition in the parent Act. Therefore, the term's applicability remains unchanged, but its definition is no longer explicitly restated within this specific section's definitions list. This does not impact the scope of material covered by the term itself, only its definitional source within the bill's text.
Modifications
This is a procedural update reflecting the bill's progression to the engrossed version and does not alter the operative impact of the bill's content.
Before
The bill title referred to limiting liability for entities storing 'child sexual abuse material' for law enforcement agencies.
After
The bill title now explicitly refers to limiting liability for entities storing 'child sexual abuse material' for law enforcement agencies, and for other purposes, without changing the core wording.
This modification reflects the broader scope of materials covered by the Act, indicating that the provisions within this section apply to an additional category of illicit content, thereby expanding the types of evidence law enforcement can store with approved vendors under limited liability.
Before
The section was titled 'STORAGE OF CHILD PORNOGRAPHY AND CHILD OBSCENITY.'
After
The section is now titled 'STORAGE OF CHILD PORNOGRAPHY, CHILD OBSCENITY, AND INTIMATE VISUAL DEPICTIONS OF MINORS.'
Similar to the Section 2 title change, this modification signifies the expanded scope of the Act to cover an additional category of illicit material, extending the modernizing efforts and limited liability provisions to 'intimate visual depictions of minors'.
Before
The new section 202 was titled 'MODERNIZING LAW ENFORCEMENT'S ABILITY TO STORE CHILD PORNOGRAPHY AND CHILD OBSCENITY AND LIMITED LIABILITY FOR APPROVED VENDORS.'
After
The new section 202 is now titled 'MODERNIZING LAW ENFORCEMENT'S ABILITY TO STORE CHILD PORNOGRAPHY, CHILD OBSCENITY, AND INTIMATE VISUAL DEPICTIONS OF MINORS AND LIMITED LIABILITY FOR APPROVED VENDORS.'
This modification tightens the eligibility criteria for entities seeking 'approved vendor' status by mandating compliance with specific cybersecurity standards from the outset. It also broadens the scope of materials these vendors are authorized to store under the limited liability framework, affecting both potential vendors and law enforcement agencies handling such materials.
Before
Defined 'approved vendor' as an organization, corporation, or entity offering digital storage and support, contractually retained to store child pornography or child obscenity, make it available, and provide maintenance/support.
After
Defines 'approved vendor' as a 'cloud service provider' that (A) complies with subsection (c) security requirements, and (B) has been contractually retained to store child pornography, child obscenity, or an intimate visual depiction of a minor, make it available, and provide maintenance/support.
This modification extends the benefits and requirements of the Act to Tribal law enforcement and prosecutorial agencies, allowing them to utilize approved vendors for storing covered materials with limited liability, thereby expanding the reach of the Act to a new governmental jurisdiction.
Before
Defined 'covered agency' as a United States Federal, State, or local law enforcement or prosecutorial agency.
After
Defines 'covered agency' as a Federal, State, Tribal, or local law enforcement or prosecutorial agency.
This modification ensures that the newly included category of illicit material ('intimate visual depictions of a minor') is subject to the same stringent cybersecurity and auditing standards as child pornography and child obscenity. The expanded audit scope in paragraph (5) provides a more comprehensive review of vendor compliance, increasing security oversight for all covered materials.
Before
The introductory text and paragraphs (1), (2), and (5) referred to 'child pornography or child obscenity' as the material to be secured, accessed, and audited.
After
The introductory text and paragraphs (1), (2), and (5) now refer to 'child pornography, child obscenity, or intimate visual depiction of a minor' as the material to be secured, accessed, and audited.
This modification ensures that the newly included category of illicit material is subject to the same evidence retention standards as child pornography and child obscenity, providing clear guidelines for law enforcement agencies regarding the handling and preservation of this type of evidence.
Before
The introductory text referred to covered agencies storing 'child pornography and child obscenity'.
After
The introductory text now refers to covered agencies storing 'child pornography, child obscenity, or an intimate visual depiction of a minor'.
This modification ensures that the newly included category of illicit material is subject to the same geographical storage restrictions and exceptions as child pornography and child obscenity, maintaining control over where such sensitive data is held.
Before
Subparagraphs (A) and (B) referred to 'child pornography and child obscenity' as the material whose location is regulated.
After
Subparagraphs (A) and (B) now refer to 'any child pornography, child obscenity, or intimate visual depiction of a minor' as the material whose location is regulated.
This modification clarifies that law enforcement agencies' legitimate use of 'intimate visual depictions of a minor' for investigation or prosecution is not restricted by this Act, aligning its treatment with other covered materials.
Before
Paragraph (1) referred to the bona fide use of 'child pornography or child obscenity'.
After
Paragraph (1) now refers to the bona fide use of 'child pornography, child obscenity, or intimate visual depiction of a minor'.
This is a conforming clerical amendment that reflects the substantive changes made to the title of Section 202, ensuring consistency in the bill's structure and content.
Before
The clerical amendment updated the table of contents to include 'Sec. 202. Modernizing law enforcement's ability to store child pornography and child obscenity and limited liability for approved vendors.'
After
The clerical amendment updates the table of contents to include 'Sec. 202. Modernizing law enforcement's ability to store child pornography, child obscenity, and intimate visual depictions of minors and limited liability for approved vendors.'
Scope
Meaningful expansion or narrowing — Changes are concentrated within the newly inserted Section 202, specifically affecting its definitions and the enumeration of materials covered, with conforming changes to titles. — v3 represents a meaningful expansion of policy direction by broadening the types of illicit material covered by the limited liability framework and by explicitly including Tribal agencies. — The changes primarily expand the scope of materials and agencies covered, directly interacting with and broadening the applicability of the limited liability and cybersecurity provisions within the new Section 202.
Impact analysis
Law enforcement and prosecutorial agencies (Federal, State, Local, and Tribal)
Gains expanded legal protections and operational flexibility for evidence storage.
These agencies now have the legal framework to utilize approved vendors with limited liability for storing 'intimate visual depictions of minors,' in addition to child pornography and child obscenity. The inclusion of 'Tribal' agencies expands this capability to a new jurisdiction.
Approved vendors (cloud service providers)
Experiences increased regulatory requirements for qualification but gains expanded scope of services under limited liability.
The definition of 'approved vendor' now explicitly requires compliance with the cybersecurity requirements of subsection (c) as a condition for qualification. Their services, under limited liability, now encompass 'intimate visual depictions of minors'.
Victims of 'intimate visual depictions of minors'
Experiences a procedural change in how evidence related to their cases is managed, potentially leading to more secure and efficient handling.
While not directly changing their treatment, the bill's expanded scope means that evidence related to 'intimate visual depictions of minors' can now be stored and managed by law enforcement through approved vendors under the Act's limited liability and security provisions. This could indirectly affect the handling and preservation of evidence pertinent to their cases.